1)
(a)What did Rebbi Shimon learn from the Pasuk in Yechezkel "va'Eten Tzoni Tzon Mar'isi Adam Atem"?
(b)What are the Halachic ramifications of this Limud?
(c)Then why does the Torah in Bamidbar refer to the women of Midyan and the Navi Yonah to the people of Ninveh as "Adam"?
1)
(a)Rebbi Shimon, in a Beraisa, also learned from the Pasuk in Yechezkel "va'Eten Tzoni Tzon Mar'isi Adam Atem" - that it is only Yisrael who are called "Adam", but not Nochrim.
(b)Consequently - Nochrim are not Metamei b'Ohel (in connection with which the Torah in Chukas writes "Adam ki Yamus b'Ohel").
(c)Nevertheless, the Torah in Bamidbar refers to the women of Midyan and the Navi Yonah to the people of Ninveh as "Adam" - to strike a contrast between them and the animals mentioned in both places.
2)
(a)Rebbi Shimon explains that the soldiers (who returned from the battle with Midyan) required purification from Tum'as Mes, because of the possibility that the corpses they had touched were from Yisrael. What do the Rabanan say about that?
(b)How does Rebbi Shimon explain the Pasuk "v'Lo Nifkad Mimenu Ish"?
(c)According to Ravina, Rebbi Shimon concedes to the Rabanan that "v'Lo Nifkad Mimenu Ish" refers to physical death (in which case, no Jew died). Then why would the soldiers have needed purification from Tum'as Mes?
2)
(a)Rebbi Shimon explains that the soldiers (who returned from the battle with Midyan) required purification from Tum'as Mes, because of the possibility that the corpses they had touched were from Yisrael. The Rabanan refuted this suggestion - seeing as the Torah writes "v'Lo Nifkad Mimenu Ish" (meaning that not one Jewish soldier was killed).
(b)Rebbi Shimon explains the Pasuk "v'Lo Nifkad Mimenu Ish" to mean - that they did not sin (in spite of the tremendous temptations that confronted them).
(c)According to Ravina, Rebbi Shimon concedes to the Rabanan that "v'Lo Nifkad Mimenu Ish" refers to physical death (in which case, no Jewish soldier died). They would nevertheless have needed purification from Tum'as Mes - because they may well have touched a Midianite corpse, and even Rebbi Shimon will agree that a Nochri's corpse is Metamei,(and his leniency is restricted to Tum'as Ohel).
3)
(a)What does our Mishnah say about a Kohen who is subsequently appointed Kohen Gadol ...
1. ...marrying the widow to whom he is betrothed?
2. ...performing Yibum with a widow with whom he has already made Ma'amar?
(b)With whom did the former scenario happen?
(c)We learn the Reisha from the extra word "Ishah". From where do we learn the Seifa?
(d)What does Rav Yosef deduce from the wording in the Mishnah (with regard to Yehoshua ben Gamla) 'u'Mineihu Liheyos Kohen Gadol'?
(e)How much did Marsa bas Baitus pay Yanai ha'Melech for the appointment of Yehoshua ban Gamla? What was their relationship?
3)
(a)Our Mishnah rules that a Kohen who is subsequently appointed Kohen Gadol ...
1. ...may marry the widow to whom he is betrothed.
2. ...is forbidden to perform Yibum with a widow, even though he has already made Ma'amar with her.
(b)This scenario happened to Yehoshua ben Gamla (one of the few righteous Kohanim Gedolim in the time of the second Beis-Hamikdash).
(c)We learn the Reisha from the extra word "Ishah", and the Seifa - from the same word "Ishah" (since it implies "Ishah" v'Lo Yevamah).
(d)Rav Yosef deduces from the wording in the Mishnah 'u'Mineihu Liheyos Kohen Gadol' - that Yehoshua ben Gamla must have been appointed artificially (even though he was not worthy of the appointment).
(e)Indeed, Rav Asi informs us that Marsa - (his betrothed) paid a three Kav of Dinarim to King Yanai in order to have him instated as Kohen Gadol.
4)
(a)If a Kohen Gadol's brother dies, our Mishnah requires him to perform Chalitzah and not Yibum. Why does the Aseh of Yibum not override the Lo Sa'aseh of a Kohen Gadol marrying a widow?
(b)Then why does the Tana forbid Yibum even she is an Almanah only from the Erusin, despite the fact that she is still a Besulah (and there is no Aseh)?
4)
(a)If a Kohen Gadol's brother dies, our Mishnah requires him to perform Chalitzah and not Yibum. The Aseh of Yibum does not override the Lo Sa'aseh of a Kohen Gadol marrying a widow - because the Lo Sa'aseh is reinforced by an Aseh of "Ki-im Besulah m'Amav Yikach Ishah" (and an Aseh does not override an Aseh and a Lo Sa'aseh).
(b)The Tana of our Mishnah forbids Yibum even if she is an Almanah only from the Erusin, despite the fact that she is still a Besulah (and there is no Aseh) - because Chazal decreed the first Bi'ah on account of the second (which is forbidden min ha'Torah).
5)
(a)The Tana Kama rules 'Kohen Hedyot Lo Yisa Aylonis Ela-im-Kein Yesh Lo Ishah u'Banim'. On what grounds does Rebbi Yehudah forbid it?
(b)The Chachamim disagree. What three-part definition of a Zonah do they give?
(c)What did Rav Huna reply, when the Resh Galusa asked him why it is that, seeing as the obligation to have children applies to Yisraelim no less than to Kohanim, the Tana Kama confines the prohibition of marrying an Aylonis to a Kohen?
(d)How does Rav Huna learn this ruling from the Pasuk in Hoshei'a "Achlu v'Lo Yisba'u, Hiznu v'Lo Yifrotzu"?
5)
(a)The Tana Kama rules 'Kohen Hedyot Lo Yisa Aylonis Ela-im-Ken Yesh Lo Ishah u'Banim'. Rebbi Yehudah forbids it - because that is the Zonah whom the Torah forbids.
(b)The Chachamim disagree. They define a Zonah as - a Giyores, a Meshuchreres or any woman who indulged in a forbidden relationship.
(c)When the Resh Galusa asked Rav Huna why it is that, despite the fact that the obligation to have children applies to Yisraelim no less than to Kohanim, the Tana Kama confines the prohibition of marrying an Aylonis to a Kohen - (not to preclude a Yisraelis - but) because of Rebbi Yehudah, whose stringent ruling is based on the fact that she is a Zonah, and the Isur of Zonah is confined to Kohanim.
(d)Rav Huna learns this ruling from the Pasuk in Hoshei'a "Achlu v'Lo Yisba'u, Hiznu v'Lo Yifrotzu" - which implies that any woman from whom one cannot have children is a Zonah.
61b----------------------------------------61b
6)
(a)According to Rebbi Eliezer, a Kohen is forbidden to marry a Ketanah. Rabah explains that Rebbi Eliezer holds like Rebbi Yehudah. He would also have to hold like the opinion of Rebbi Meir, in order to issue such a ruling. To which ruling of Rebbi Meir does this refer?
(b)What prompted Rabah to search for this conclusion?
6)
(a)According to Rebbi Eliezer, a Kohen is forbidden to marry a Ketanah. Rabah explains that Rebbi Eliezer holds like Rebbi Yehudah. In order to issue such a ruling, he would also have to hold like the opinion of Rebbi Meir - who contends with the minority, in which case he will suspect that every Ketanah might be an Aylonis.
(b)What prompted Rabah to search for this conclusion - was Rav Chisda's warning that on the following day, Rav Huna intended to ask them that very question.
7)
(a)We query Rebbi Eliezer holding like Rebbi Meir from a Beraisa, where Rebbi Meir declares both a Katan and a Ketanah ineligible to perform either Yibum or Chalitzah. What problem do the Chachamim have with that? On what grounds do they concede to Rebbi Meir regarding Chalitzah?
(b)What did Rebbi Meir reply? What may a Katan and a Ketanah not perform Yibum?
(c)What does Rebbi Eliezer now say in a Beraisa that clashes with Rebbi Meir's ruling?
7)
(a)We query Rebbi Eliezer holding like Rebbi Meir from a Beraisa, where Rebbi Meir declares both a Katan and a Ketanah ineligible to perform either Yibum or Chalitzah. The Chachamim concede to Rebbi Meir that a Katan is forbidden to perform Chalitzah - because the Torah writes "Ish" in the Parashah of Chalitzah, to preclude a Katan, and a woman is compared to a man in this regard. But why, they ask him, does he forbid a Katan to perform Yibum?
(b)To which Rebbi Meir (who takes into account the minority) replied - that we are afraid in case the Katan and the Ketanah will turn out to be a Saris and an Aylonis, respectively, in which case they will transgress the Lav of Eishes Ach.
(c)Rebbi Eliezer in a Beraisa, clashes with Rebbi Meir - in that he permits a Ketanah to perform Yibum (but not Chalitzah).
8)
(a)We also query Rebbi Eliezer holding like Rebbi Yehudah from another Beraisa, which discusses the definition of 'Zonah'.What does Rebbi Eliezer mean when he says 'Zonah ki'Shmah'?
(b)Rebbi Akiva defines it as a prostitute. Rebbi Masya ben Charash defines it even as a woman whose husband had relations with her. Under which circumstances will that make her a Zonah?
(c)Rebbi Yehudah defines 'Zonah' as an Aylonis, and the Chachamim as a Giyores, a Meshuchreres or one who is guilty of a forbidden relationship. The most stringent opinion of all is that of Rebbi Elazar. What does he say?
8)
(a)We also query Rebbi Eliezer holding like Rebbi Yehudah, from another Beraisa, which discusses the definition of 'Zonah'. When Rebbi Eliezer says 'Zonah ki'Shmah', he means - that she is a married woman who goes astray (by having relations with another man).
(b)Rebbi Akiva defines it as a prostitute. Rebbi Masya ben Charash defines it even as a woman whose husband had relations with her - in the case of a man who is taking his wife to drink the water of a Sotah, and who is intimate with her on the way.
(c)Rebbi Yehudah defines 'Zonah' as an Aylonis, and the Chachamim as a Giyores, a Meshuchreres or one who is guilty of a forbidden relationship. The most stringent opinion of all is that of Rebbi Elazar, who says - 'Panuy ha'Ba al ha'Penuyah, As'ah Zonah'.
9)
(a)Rav Ada bar Ahavah therefore establishes Rebbi Eliezer's ruling (forbidding a Kohen to marry a Ketanah) by a Kohen Gadol. How will that explain the Isur? To which Isur is he then referring?
(b)Rava objects to Rav Ada bar Ahavah's explanation, because 'mi'Mah Nafshach', if her father accepted her Kidushin, then she was fully Mekudeshes at the time of the Kidushin. On what grounds does he object in a case when she accepted her Kidushin herself?
(c)Rav Papa resolves Rava's Kashya from a Beraisa. How does the Beraisa explain Rebbi Eliezer's opinion from a combination of the words "Besulah" and "Ishah"?
(d)How does this answer the Kashya?
9)
(a)Rav Ada bar Ahavah therefore establishes Rebbi Eliezer's ruling (forbidding a Kohen to marry a Ketanah) by a Kohen Gadol - who will transgress the Isur of marrying a Be'ulah, since he only acquires her when she becomes a Na'arah.
(b)Rava objects to Rav Ada bar Ahavah's explanation, because 'mi'Mah Nafshach', if her father accepted her Kidushin, then he will have acquired her already at the time of the Kidushin; whereas if she accepted her own Kidushin, then on what grounds do the Rabanan disagree with Rebbi Eliezer?!
(c)Rav Papa resolves Rava's Kashya from a Beraisa, which explains Rebbi Eliezer's opinion by extrapolating from the words "Besulah" and "Ishah" - that a Kohen Gadol is only permitted to marry a girl who is both a Besulah and an Ishah (i.e. a Na'arah), precluding a Ketanah as well as a Bogeres.
(d)This answers Rava's Kashya - inasmuch as, according to Rebbi Eliezer, the Pasuk invalidates the Kidushin of a Ketanah to a Kohen Gadol, even if her father received the Kidushin.
10)
(a)Rava himself establishes Rebbi Eliezer by a Kohen Hedyot, and Rebbi Eliezer forbids a Kohen Hedyot to marry a Ketanah for fear that she might allow herself to be seduced by others and become Asur to him. Bearing in mind that a woman who is seduced is forbidden to her husband even if he is a Yisrael, why does he then restrict his ruling to a Kohen?
(b)Rav Nachman bar Yitzchak establishes Rebbi Eliezer like the Tana of a Beraisa. What does the Tana of the Beraisa learn from the Pasuk in Chayei-Sarah "v'ha'Na'arah Tovas Mar'eh Me'od, Besulah ... "?
(c)What does Rav Amram say about the opinion of Rebbi Elazar ('Panuy ha'Ba al ha'Penuyah, As'ah Zonah')?
10)
(a)Rava himself establishes Rebbi Eliezer by a Kohen Hedyot, and Rebbi Eliezer forbids a Kohen Hedyot to marry a Ketanah for fear that she might allow herself to be seduced by others and become Asur to him. Despite the fact that a woman who is seduced is forbidden to her husband even if he is a Yisrael, he nevertheless restricts his ruling to a Kohen - because the seduction of a Ketanah is considered rape (in which case, she will not be forbidden to her husband if he is a Yisrael).
(b)Rav Nachman bar Yitzchak establishes Rebbi Eliezer like the Tana of the Beraisa - who based on the Pasuk in Chayei Sarah "v'ha'Na'arah Tovas Mar'eh Me'od, Besulah ... ", interprets the word "Besulah" itself to mean a Na'arah (precluding a Ketanah - see Tosfos DH 'v'Chen').
(c)Rav Amram rules that the opinion of Rebbi Elazar ('Panuy ha'Ba al ha'Penuyah, As'ah Zonah') - is not Halachah.
11)
(a)On what condition does our Mishnah permit a permit to stop having children?
(b)According to Beis Shamai, the Mitzvah of 'Pru u'Rvu' constitutes two sons. What do Beis Hillel say?
(c)What can we extrapolate from our Mishnah, which permits a person who has fulfilled the Mitzvah of Pru u'Rvu, to desist from having more children?
(d)This is a proof for Rav Nachman Amar Shmuel. What does Rav Nachman Amar Shmuel learn from the Pasuk in Bereishis "Lo Tov Heyos ha'Adam Levado"?
11)
(a)Our Mishnah permits a permit to stop having children - once he has fulfilled the Mitzvah of 'Pru u'Revu' ...
(b)... two sons, according to Beis Shamai - a son and a daughter, according to Beis Hillel.
(c)We can extrapolate from our Mishnah, which permits a person who has fulfilled the Mitzvah of Pru u'Revu, to desist from having more children - that one may not desist from getting married again ...
(d)... a proof for Rav Nachman Amar Shmuel - who extrapolates from the Pasuk "Lo Tov Heyos ha'Adam Levado" - that a man is forbidden to live alone, without a wife.
12)
(a)According to the second Lashon, being exempt from 'Piryah v'Rivyah' incorporates not having to marry again. How will Rav Nachman Amar Shmuel then reconcile his statement with our Mishnah?
(b)What is another practical difference between whether a man has had children or not in this regard?
12)
(a)According to the second Lashon, being exempt from 'Piryah v'Rivyah' incorporates not having to marry again, in which case, Rav Nachman Amar Shmuel will explain - that it is from marrying a woman who can have children that the Tana exempts, but he remains obligated to marry again at least a woman who is unable to have children.
(b)Another practical difference between whether a man has had children or not in this regard - is that, if he has not had children, he will be permitted to sell a Sefer-Torah if need be, in order to obtain a wife who can have children; whereas this will be forbidden, if he already has children.
13)
(a)What is the source of ...
1. ... Beis Shamai?
2. ... Beis Hillel?
(b)Why do ...
1. ... Beis Shamai decline to learn from Adam and Chavah at the creation?
2. ... Beis Hillel not want to learn from Moshe, like Beis Shamai?
13)
(a)The source of ...
1. ... Beis Shamai - is Moshe Rabeinu, who only had two sons but no daughters.
2. ... Beis Hillel - is the creation of the world, which Hash-m set into motion with Adam and Chavah.
(b)
1. ... Beis Shamai decline to learn from Adam and Chavah at the creation - because there it was inevitable for the world to have continued in any other way, and we do not learn the possible from the impossible.
2. ... Beis Hillel declined to learn from Moshe, like Beis Shamai - because Moshe was different, seeing as he separated from his wife (under unique circumstances, which Hash-m conceded, as we shall now see).